Atlanta, GA
DUI and DWI Lawyer at Atlanta, GA
Practice Areas: DUI & DWI
OUTCOME: DUI reduced to reckless driving charge
Client was arrested for DUI. Client performed poorly on all field sobriety tests. Client was later diagnosed with a VAD (verterbral artery dissection). We proved that the field sobriety tests were no ... t reliable under the circumstances.
OUTCOME: Client found not guilty
Client failed all field sobriety tests after being pulled over for failure to maintain lane. Jury acquitted client after we demonstrated that the field sobriety evaluations were not reliable.
OUTCOME: Defendant was found not guilty of the DUI and guilty of failure to maintain lane.
A 19 year old female was arrested for DUI and FTML. Defendant's driving in and out of her lane was captured on video. Defendant failed all the field sobriety evaluations on video and blew a 0.142 and ... 0.146 on the Intoxilyzer 5000. This test result is seven times the legal limit for somoene under 21 (0.02 grams). Defendant was charged under 40-6-391 (k) for driving with an unlawful blood alcohol concentration above the legal limit of 0.02 for someone under 21. During the trial, I objected to the admission of the breath test due to incorrect information that was given to Defendant that her Colorado license would be suspended if she refused the breath test. The basis of this objection was a case that I handled at the Court of Appeals of Georgia (State v. Peirce). The trial court granted the motion and dismissed the DUI.
OUTCOME: Jury returned a verdict of not guilty on the DUI, guilty to FTML and guilty to speeding.
D was stopped and arrested for FTML, speeding, and DUI. D blew a .118 and .119 on the Intoxilyzer 5000. D's jury trial was in DeKalb State Court. D was on a high protein diet at the time of his arres ... t. At trial we called his coworker/driving partner that rode and drove in his 18 wheeler across the country. He explained the odd eating habits and that D had lost about 40 pounds leading up to his arrest. We called a medical doctor to explain that when someone adheres to a high protein diet, the body is in a state of ketosis. During this process, the body will produce ketones. An expert on the Intoxilyzer 5000 testified that the ketones had similarities to alcohol and would mistakenly be read as alcohol by Georgia's outdated breath test machine (Intoxilyzer 5000). The expert explained that this machine was developed and patented in the 1980's. The expert stated that the problem with the machine is a lack of specificity in what the machine was attempting to identify. Jury returned a verdict of not guilty on the DUI, guilty to FTML and guilty to speeding. D's job was saved as a result of this favorable verdict.